Maria Esquivel and Bernardo Cruz Salinas
Case No: 18FL02789
Hearing Date: Tue Jul 23, 2019 10:30

Nature of Proceedings: Default Prove-Up

Default Prove-Up

Attorneys: Tracey Rangel Cruz for Petitioner; Geoff Conner Newlan for Respondent

Ruling: For the reasons set out below the matter is continued to August 20, 2019, at 10:30 a.m. to the Family Law CMC Calendar. All temporary DVROs will remain in effect until further order of Court. At the last CMC, on April 30, 2019, the Court ordered Respondent to file his Response to the divorce petition by May 7, 2019. Respondent has still not filed his Response. Petitioner is unable to complete her financial disclosures. The Respondent is now Ordered to file his Response by August 6, 2019; if he does not file his Response timely, Petitioner will file and serve an OSC re Contempt. Petitioner’s lawyer to give notice.

Analysis

The case was last on calendar on 4/30/19 and the Court made the following ruling: the matter was continued to July 23, 2019, to the Family Law CMC Calendar; all temporary DVROs were ordered to remain in effect until further order of Court.

Background

When the case was last on calendar this Court noted that the case was filed in 11/2018; Dissolution of Marriage; 22-years-6 months; one minor child born 7/2007; no response ever filed; father was self-represented; last on calendar on 3/26/19; Lauren Rode appeared for Petitioner’s counsel, Tracey Rangel Cruz, and continued the matter to 4/30/19 for default and prove-up. On 3/29 Geoff Connor Newlan substituted in as attorney for Respondent/father. Tracey Rangel Cruz filed a FLIS on 4/26; reported that Geoff Newlan recently substituted into this case; Counsel had met and conferred and father claims that the parties were divorced in Mexico, which mother disputes; father was obtaining additional documents from Mexico which will take some time for the parties to obtain, translate, and review; mother requested that the Case Management Conference be continued 90 days to allow time for the parties to review the alleged Mexican divorce documents; noted that father will undoubtedly elect to file a Motion to Quash or respond; father’s Response was ordered to be filed by May 7 and the matter was continued to July 23, 2019, to the CMC Calendar.

Petitioner’s lawyer filed a Status Report on 7/19

Reports that at the last CMC, on April 30, 2019, the Court ordered Respondent to file his Response to the divorce petition by May 7, 2019. Respondent has still not filed his Response. Petitioner is unable to complete her financial disclosures because she does not have any information regarding the parties’ property, and because Respondent controlled the parties’ property during the marriage. Petitioner requests that Respondent be ordered to comply with the Court order to file his Response and the CMC be continued so the parties may proceed with the case.

Court’s Conclusions

The request made by Petitioner’s counsel makes sense and that will be the Court’s Order.